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The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would…

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Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…

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In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims that affords the employee and…

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The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…

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Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of fair representation and its obligation…

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Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to bargain at the national level…

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You Want a Piece of Pyett With That? III. Panel Discussion

A panel discussion about the practical implications of arbitrating statutory claims that arise in the workplace

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President Picher recounts the changing role of arbitrators in applying external law, culminating in the Supreme Court’s 2009 decision in 14 Penn Plaza v Pyett….

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The Implications of 14 PENN PLAZA v PYETT

Arbitrators and labor and management representatives discuss the possible impact of Pyett on union representational duties and employees’ rights….

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